High Court Kerala High Court

Shiju vs Commandant Special Armed Police on 28 May, 2010

Kerala High Court
Shiju vs Commandant Special Armed Police on 28 May, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 16545 of 2010(P)



1. SHIJU
                      ...  Petitioner

                        Vs

1. COMMANDANT SPECIAL ARMED POLICE
                       ...       Respondent

                For Petitioner  :SRI.R.T.PRADEEP

                For Respondent  : No Appearance

The Hon'ble MR. Justice ANTONY DOMINIC

 Dated :28/05/2010

 O R D E R
                      ANTONY DOMINIC, J.
                    ================
                W.P.(C) NO. 16545 OF 2010 (P)
                =====================

             Dated this the 28th day of May, 2010

                         J U D G M E N T

Petitioner submits that he is advised for recruitment as

Police Constable in the District-wise selection by Kerala Public

Service Commission. He submits that he is not deputed for

training for the reason that he is accused in Crime No.195/2010

of Aryancode Police Station.

2. The contention raised by the petitioner is that for the

mere reason that he is accused in criminal case, which is pending

trial, he cannot be excluded from training. For this purpose, he

rely on the judgments of this Court in Christopher Jose v. State

of Kerala (1999(3) KLT 285) and Suresh v. Public Service

Commission (2008(2) KLT 441).

3. In several cases of this nature, orders have been

passed by this Court directing that the petitioners be admitted for

training. In view of the above, and also following the principles

laid down by this Court in the aforesaid judgments, it is ordered

that the respondents shall permit the petitioner to attend the

ensuing training after following the procedure prescribed therefor

WPC No. 16545/10
:2 :

and other Rules relating to the same. It is clarified that if the

petitioner is finally found ineligible based on the judgment of the

Criminal Court to enter or continue in Government service as

Police Constable, the respondents will be free to take appropriate

action including to recover the entire expenses incurred by the

State for providing training to the petitioner. It is also directed

that the petitioner shall execute a bond undertaking that he shall

refund the entire amount incurred by the Government for the

purpose of his training. Upon execution of such bond, along with

others, the petitioner shall also be permitted to attend training.

4. Petitioner may produce a copy of this judgment before

the concerned Commandant for compliance.

Writ petition is disposed of as above.

ANTONY DOMINIC, JUDGE
Rp